Powell v. Smith
New York Supreme Court
THIS was an action of assumpsit. The declaration contained three counts. The first count stated that the defendant, on the 20th July-, 1807, was indebted to Pennoyer fe? Colden, in the sum of 478 dollars and 41 cents, for which the defendant, on the 26th July, gave his promissory note, payable in 60 davs after date; and r ' . .. ' .. in consideration that the plaintiff, at the special instance an d request of the defendant, would execute the said note with the defendant, as…
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THIS was an action of assumpsit. The declaration contained three counts. The first count stated that the defendant, on the 20th July-, 1807, was indebted to Pennoyer fe? Colden, in the sum of 478 dollars and 41 cents, for which the defendant, on the 26th July, gave his promissory note, payable in 60 davs after date; and r ' . .. ' .. in consideration that the plaintiff, at the special instance an d request of the defendant, would execute the said note with the defendant, as security to the said Pennoyer fe? Colden, the defendant then and there undertook and promised to take up the note when…
1Per curiam
Two questions arc presented to the court. The one relates to the validity of the second plea, and the other respects the rule or measure of damages upon the facts disclosed at the trial.
1. The plea is clearly bad. The declaration not only charges the defendant with-promising to take up the note, which the plaintiff signed as surety, but also to indemnify and save, harmless the plaintiff from all cost and damage in consequence of his becoming surety in the note.It also states a special harm and damage by being sued1*251upon the note, and charged m execution. The fact of r • . . the plaintiff's…
2Cited by8 opinions
- Bradley v. BurwellNew York Supreme Court · 1846
- Stewart v. McGuinNew York Supreme Court · 1823
- Edgerly v. EmersonSuperior Court of New Hampshire · 1851
- Blumenthal v. EinsteinNew York Supreme Court · 1894
- Ezzard v. WorrillSupreme Court of Georgia · 1872
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